House Oversight Reports & Studies

• Background on House Legislative Oversight Reports

• Annual Restructuring Reports (ARR) & Seven-Year Plan Reports

Background on House Oversight Reports

Pursuant to S.C. Code Section 1-30-10(G)(1), state department and agency governing authorities must submit the following to the Governor and General Assembly: "reports giving detailed and comprehensive recommendations for the purposes of merging or eliminating duplicative or unnecessary divisions, programs, or personnel within each department to provide a more efficient administration of government services." This information is

in the

Pursuant to S.C. Code Section 1-30-10(G)(2), state department and agency governing authorities must submit the following to the Governor and General Assembly: "a seven-year plan that provides initiatives and/or planned actions that implement cost savings and increased efficiencies of services and responsibilities within the projected seven-year period." This information is

in the

The House combined these reports during 2015 into a single House Restructuring and Seven-Year Plan Report.

S.C. Code Section 2-2-20 requires oversight studies and investigations on all agencies at least once every seven years. Pursuant to S.C. Section 2-2-20(b), the purpose of a study is to, "determine if agency laws and programs within the subject matter jurisdiction of a standing committee: (1) are being implemented and carried out in accordance with the intent of the General Assembly; and (2) should be continued, curtailed, or eliminated." S.C. Code Section 2-2-20(c) states what each study must consider.

When considering those aspects, S.C. Code Section 2-2-50(D) states that an investigating committee may acquire evidence or information by any lawful means, including, but not limited to, "requiring the agency to prepare and submit to the investigating committee a program evaluation report by a date specified by the investigating committee." S.C. Code Section 2-2-60 outlines what an investigating committee's request for a program evaluation report must contain. It also provides a list of information an investigating committee may request. S.C. Code Section 2-2-60 does not state any information that an investigating committee is prohibited from requesting.

Background on House Oversight Studies

Committee staff obtain, review, and provide highlights of relevant information in the staff study. Relevant information may come from various sources including, but not limited to, the following: an agency restructuring report; an agency seven-year plan for cost savings and increased efficiencies; an agency program evaluation report; another submission to a legislative or executive entity, such as an agency accountability report; comments from the public concerning the agency; any information submitted by a legislative standing committee in the House of Representatives; and any information submitted by individual Members of the House. Committee staff may also make recommendations to the Subcommittee based on the staff study and include recommendations the agency provided in any reports. Prior to a Subcommittee receiving a staff study, the study is shared with the agency. The agency has the option to provide a written response within ten business days for inclusion in the study. The staff study, and any agency response, is shared with the Subcommittee and legislative standing committees in the House of Representatives that share subject matter jurisdiction.

The Subcommittee may follow some, all, or none of the staff, or agency's, recommendations, and conduct any further study it desires.

As stated in SC Code of Laws Section 2-2-20(B), "[t]he purpose of these oversight studies and investigations is to determine if agency laws and programs within the subject matter jurisdiction of a standing committee: (1) are being implemented and carried out in accordance with the intent of the General Assembly; and (2) should be continued, curtailed, or eliminated." The Subcommittee study includes the Subcommittee's recommendations as to what programs and laws should be continued, curtailed or eliminated.

In making these determinations the Subcommittee evaluates (1) the application, administration, execution, and effectiveness of the agency's laws and programs, (2) the organization and operation of the agency, and (3) any conditions or circumstances that may indicate the necessity or desirability of enacting new or additional legislation pertaining to the agency. The Subcommittee's recommendations are based on analysis of data submitted by the agency, including, but not limited to the agency's strategic plan and performance measures, information learned during Subcommittee meetings, and public responses to online surveys as well as public comments during Subcommittee meetings.

Pursuant to Committee Standard Practice 12.4, any individual member of the Subcommittee has the opportunity to provide a separate written statement for inclusion with a Subcommittee's Study. Once all individual members of the Subcommittee have provided their written statement, or indicated to the Subcommittee Chair that they will not provide a separate written statement, the Subcommittee Chair, pursuant to Committee Standard Practice 12.5, notifies the Full Committee Chair in writing that a Subcommittee Study is available for consideration by the full Committee.

Once the Full Committee Chair receives written notice from the Subcommittee Chair, the full committee chair shall, pursuant to Committee Standard Practice 13.1, include the Subcommittee Study on the agenda for a full Committee meeting.

During a full Committee meeting at which the Subcommittee Study is discussed, the full Committee votes, pursuant to Committee Standard Practice 13.2, to take one of the following three options: (1) refer the study and investigation back to the subcommittee or an ad hoc committee for further evaluation; (2) approve the subcommittee's study; or (3) further evaluate the agency as a full committee, utilizing any of the available tools of legislative oversight available.

When the full Committee approves a final study, any member of the Committee may provide a written statement for inclusion with the final study. The final study, and written statements, are then published online and the agency, as well as all House Standing Committees, receive a copy.